
Hawaii Will Contest
Hawaii will contests run 90 days after notice, up to 12 months from estate appointment.
A Hawaii will contest is a formal testacy proceeding in the circuit court, and the objection is a statement in a party's pleadings under HRS § 560:3-404. The deadline turns on how the will reached the court. A will admitted informally can be contested within the first to expire of three periods in HRS § 560:3-108(a)(3): ninety days after notice, twelve months after admission, or thirty days after a formal order approving the accounts.
Every rule on this page was read on 2026-09-24 in the Legislature's compiled statutes at data.capitol.hawaii.gov, section by section, with the history note on each one checked. That compilation runs through the 2025 session, so the 2026 session's Acts were screened as well. The only 2026 Act that touches chapter 560, Act 47, amends the sealing rules for guardianship and conservatorship records and leaves the contest sections alone. The court rules come from the Hawaii State Judiciary's own copies of the Hawaii Probate Rules and the Hawaii Rules of Appellate Procedure, and both carry amendments that take effect January 1, 2027.
This page describes the mechanism as general legal information. The bar is high: HRS § 560:3-407 puts the burden on the contestant for every ground except due execution, the deadlines in 560:3-108 are short and strictly counted, and a contested hearing is litigation with its own cost. Whether an objection fits a particular family is a question for a licensed Hawaii attorney, not for this page. If the case has not opened yet, informal versus formal probate explains the two routes a will can take into court, and what makes a Hawaii will valid sets out the execution rules most objections argue about.
The Hawaii Contest Calendar
| Stage | Who acts | Timing | Source |
|---|---|---|---|
| Advance notice of an informal application by someone outside the priority list | The applicant | Mailed to heirs and devisees; the registrar may act 14 days after the last mailing | HRS §§ 560:3-302(b), 560:3-306(b) |
| Written information after an informal probate is granted | The applicant | Within 30 days after the probate | HRS § 560:3-306(c) |
| Contesting a will that was informally probated | The contestant | The first to expire of 90 days after notice, 12 months from informal admission, or 30 days from a formal order approving the accounts | HRS § 560:3-108(a)(3) |
| Notice of a formal testacy hearing | The petitioner | Mailed or delivered at least 14 days before the hearing, or published once a week for two weeks with the last at least 10 days before it | HRS §§ 560:3-403, 560:1-401 |
| The objection itself | Any party to the formal proceeding | Stated in that party's pleadings | HRS § 560:3-404 |
| Opening a probate proceeding to establish a will | Any interested person | Five years from the death, with listed exceptions | HRS § 560:3-108(a) |
| Reopening a formal testacy order for a later will or an omitted heir | The proponent or the omitted heir | The earlier of final distribution (or six months after a closing statement), the 560:3-108 cutoff, or 12 months after the order | HRS § 560:3-412(3) |
| Modifying or vacating an order for good cause | Any party | Within the time allowed for appeal | HRS § 560:3-413 |
| Appeal | Any party | 30 days after entry of the judgment or appealable order | HRAP Rule 4(a)(1); HPR Rule 34 |
| Contesting a trust that was revocable at death | The contestant | The earlier of five years after death or 90 days after the trustee's notice | HRS § 554D-604(a) |
The third row is the one to read twice, because it is the one most summaries get wrong. Section 560:3-108(a)(3) prints three periods and ends with the words "whichever time period expires first." A family that hears only about the twelve-month period can lose the right to contest months earlier, once ninety days pass after notice of the informal proceeding.
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Take the 2-minute assessmentThe Three-Part Clock for an Informally Probated Will
Most Hawaii wills enter court informally. The registrar admits the will on an application, without a hearing, and HRS § 560:3-302(c) makes that informal probate conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or the procedure behind it renders the probate void. An informally probated will is binding, and the formal proceeding this page describes is what unbinds it.
Section 560:3-108(a)(3) gives that formal proceeding three possible deadlines. A formal probate proceeding to contest an informally probated will, and to secure appointment of the person with legal priority if the contest succeeds, may be commenced within:
- Ninety days after receiving notice of an informal proceeding under HRS § 560:3-306.
- Twelve months from the date the will was informally admitted to probate.
- Thirty days from the entry of a formal order approving the accounts and settlement of the estate by an informally appointed personal representative.
Whichever of the three expires first ends the window. The ninety-day period is personal: it runs from the day a given person received notice, so two relatives in the same family can face different deadlines.
The section keeps one door open. If an informal proceeding is closed informally, the court in its discretion may allow a will contest to proceed after the limitations period has expired, where it determines that notice of the informal probate was not provided under 560:3-306 and not more than five years have passed since the death. That relief is discretionary and depends on a notice failure, so it is an exception rather than a second deadline.
What notice starts the ninety days
Section 560:3-306 sets out the notices an informal probate generates, and they differ depending on who applied.
- Notice of the application. The applicant must give notice under HRS § 560:1-401 to anyone who has filed a demand for notice under 560:3-204 and to any personal representative whose appointment has not been terminated. The section says no other notice of informal probate is required at that stage.
- Advance notice from an applicant outside the priority list. Section 560:3-302(a) lets a corporate fiduciary, a parent, spouse or reciprocal beneficiary of the decedent, or a descendant of a parent of the decedent get a statement of informal probate once 120 hours have passed since the death. Anyone else falls under 560:3-302(b), and 560:3-306(b) requires that applicant to mail advance notice to the heirs and devisees, with a copy of the application and the will and the date on or after which the registrar will act. The registrar can act only once 14 days have passed after the last mailing, proof of notice is on file, and no petition for formal testacy has been filed.
- Information after the probate is granted. Under 560:3-306(c), within thirty days after an informal probate the applicant must give written information to the heirs and devisees: the applicant's name and address, the court, the date of probate, copies of the application and will if not already sent, and a note that attorney fees charged to the estate will be reviewed by the court only if an interested person asks. Failing to send it is a breach of duty to the heirs and devisees, and it does not affect the validity of the probate.
The code also provides a mechanism that operates before an informal probate is granted. HRS § 560:3-401(a) lists a petition "to prevent informal probate of a will which is the subject of a pending application" as one of the ways to start a formal testacy proceeding, and under 560:3-302(b) the registrar does not act on an advance-notice application once a petition for formal testacy has been filed.
What a Formal Testacy Proceeding Is
HRS § 560:3-401(a) defines it in one line: a formal testacy proceeding is litigation to determine whether a decedent left a valid will. An interested person starts one by filing a petition, and the section names four shapes it can take:
- A petition asking the court, after notice and hearing, to enter an order probating a will.
- A petition to set aside an informal probate of a will.
- A petition to prevent informal probate of a will that is the subject of a pending application.
- A petition under 560:3-402(b) for an order that the decedent died intestate.
Under 560:3-401(b), a petition may seek formal probate of a will whether or not the same will, or a conflicting one, has already been informally probated.
Two things freeze once a formal testacy proceeding is pending. Section 560:3-401(c) bars the registrar from acting on any application for informal probate of any will of the decedent, or for informal appointment of a personal representative. And under 560:3-401(d), a personal representative already appointed must stop making distributions once notice of the formal proceeding arrives, unless the petition asks the court to confirm the earlier appointment.
Only distribution stops. The same subsection says that without a request to restrain the acting personal representative, or if that request is denied, starting a formal proceeding has no effect on the personal representative's other powers and duties. Bills still get paid and property still gets managed, on the schedule set out in the Hawaii probate timeline. A petitioner who wants a different personal representative may also ask for an order restraining the acting one and appointing a special administrator.
Notice of the hearing
When a formal testacy proceeding begins, HRS § 560:3-403(a) has the court fix a time and place of hearing, and the petitioner gives notice under 560:1-401. Section 560:3-403(b) names who must receive it:
- The surviving spouse or reciprocal beneficiary, the children and the other heirs.
- The devisees and executors named in any will being probated, already probated, or offered for probate in the judicial circuit, or known to the petitioner to have been probated or offered elsewhere.
- Any personal representative whose appointment has not been terminated.
- Anyone who has filed a demand for notice under 560:3-204.
The petitioner also publishes notice to all unknown persons and to known persons whose addresses are unknown. HRS § 560:1-401(a) sets the timing: mailing or personal delivery at least fourteen days before the hearing, or, where an address or identity cannot be found with reasonable diligence, publication once a week for two consecutive weeks in a newspaper of general circulation in the judicial circuit, the last at least ten days before the hearing.
The Objection Itself
HRS § 560:3-404 is one sentence. Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the party's pleadings the party's objections to probate of the will.
Hawaii Probate Rule 19 turns that filing into a defined event. A contested matter is any one in which an objection has been filed, and it is limited to the facts and issues in dispute. The rest of the estate keeps moving. Under Rule 20, the designation of an issue as a contested matter does not affect the underlying proceeding, which continues to the extent administration is not inconsistent with the issues being contested.
Where the contest is heard, now and from January 1, 2027
The circuit courts hold the probate power. HRS § 603-21.6 gives them power to grant probate of wills and to do all other things provided in chapter 560, and Hawaii probate courts lists the circuit court for each island.
Under Hawaii Probate Rule 20 as it reads today, the court by written order may keep a contested matter on the regular probate calendar or assign it to the civil trials calendar of the circuit court. The rule offers a guideline: whether the hearing will take more than one-half day. When the matter goes to civil trials, the Hawaii Rules of Civil Procedure and the Rules of the Circuit Courts apply, the objecting party is treated as the plaintiff for procedural purposes, and the objection is treated as a complaint filed on the date of assignment. Where the court keeps the matter, it may order that particular civil rules apply at the parties' request.
The Hawaii Supreme Court amended Rule 20 by an order filed July 15, 2026 (SCRU-13-0000071), and the new text takes effect January 1, 2027. From that date the probate court may rule on a contested matter based on the pleadings, any evidence presented and the arguments at the hearing. It may continue the hearing or set further hearings and status conferences to get what it needs. Where a further evidentiary hearing or trial is advisable, the court may hold it in probate court or assign the entire contested matter, or particular issues in it, to the civil trials calendar. The court's own commentary to the amended rule expects most contested matters to be ruled on from the pleadings and arguments. The same order amends Rule 41, which governs affidavits supporting fee requests, on the same date. The statutes on who may contest and when are unchanged.
When a jury decides
HRS § 560:1-306(a) says that, if duly demanded, a party is entitled to trial by jury in a formal testacy proceeding. A will contest is a formal testacy proceeding by definition, so the right is there for a party who asks for it. Where no jury right exists or it is waived, 560:1-306(b) lets the court call an advisory jury in its discretion.
Rule 20(c) keeps the two ideas apart: assigning a contested matter to the civil trials calendar does not create a jury right where the underlying proceeding has none. Item (21) of the HRS § 607-5 fee schedule sets $200 for a demand for jury trial, "including without limitation probate cases", paid by the party first making the demand, and the Judiciary's List of Civil Filing Fees, updated 6/17/2022, prints the same $200.00 under Probate.
Who Proves What
HRS § 560:3-407 assigns the burdens, and it gives the contestant more to carry than people often expect.
| Side | Must establish |
|---|---|
| Petitioners seeking to establish intestacy | Prima facie proof of death, venue and heirship |
| Proponents of a will | Prima facie proof of due execution in all cases, plus death and venue if they are also the petitioners |
| Contestants of a will | Lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation |
Capacity sits on the contestant's side of that table in Hawaii. A person claiming the testator lacked the sound mind HRS § 560:2-501 requires has to prove it. Unless another law changes the burden, each party keeps the ultimate burden of persuasion on the matters it had the initial burden of proof on.
Section 560:3-407 also fixes the order of decision when two petitions collide. If a will is opposed by a petition to probate a later will revoking it, the court decides first whether the later will is entitled to probate. If a will is opposed by a petition for a declaration of intestacy, the court decides first whether the will is entitled to probate.
What Changes the Moment Someone Objects
An unopposed petition is light work. HRS § 560:3-405 lets the court order probate or intestacy on the strength of the pleadings, or hold a hearing in open court. Where evidence of execution is needed, the affidavit or testimony of one attesting witness is enough, and other evidence or affidavit will do if no witness is available.
HRS § 560:3-406 raises the bar in a contested case where proper execution is at issue, and it sorts wills into two groups.
- A self-proved will. A will self-proved under HRS § 560:2-504 is deemed to satisfy the requirements for execution without the testimony of any attesting witness, on filing the will with its acknowledgment and affidavits, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit.
- A witnessed will that is not self-proved. The testimony of at least one attesting witness is required if that witness is within Hawaii, competent and able to testify. Proper execution may still be shown by other evidence, including an affidavit of an attesting witness, and an attestation clause signed by the witnesses raises a rebuttable presumption that the events it describes took place.
Read the self-proved rule for what it covers. It settles how the will was signed. It says nothing about capacity, undue influence, fraud, duress, mistake or revocation, and 560:3-407 leaves every one of those with the contestant.
The Grounds Hawaii Names
Section 560:3-407 is as close as chapter 560 comes to a list of grounds. It names seven for the contestant: lack of testamentary intent, lack of testamentary capacity, undue influence, fraud, duress, mistake and revocation. An eighth route runs the other way, by attacking the proponent's proof of due execution.
Capacity, intent, undue influence, fraud, duress and mistake
HRS § 560:2-501 sets the capacity baseline: an individual eighteen or more years of age who is of sound mind may make a will. The code does not define sound mind, and it does not define undue influence, fraud, duress or mistake or list the facts that prove them. Those definitions come from decided Hawaii cases, which is why a contest on any of them is a question for a Hawaii attorney.
Revocation
HRS § 560:2-507(a) gives two ways to revoke. A later will can revoke an earlier one expressly or by inconsistency, or the testator can perform a revocatory act on the will with the intent and for the purpose of revoking it. Burning, tearing, canceling, obliterating or destroying the will or any part of it counts, and another individual may do it in the testator's conscious presence and at the testator's direction. A burn, tear or cancellation counts whether or not it touched any of the words.
Subsections (b) through (d) answer the question two surviving wills raise. A later will that makes a complete disposition of the estate is presumed to replace the earlier one. A later will that does not is presumed to supplement it, revoking only what is inconsistent. Either presumption can be rebutted by clear and convincing evidence.
Attacking due execution
Due execution belongs to the proponent under 560:3-407, so a failure of proof can defeat the will without the contestant proving anything affirmative. HRS § 560:2-502 requires a writing signed by the testator and by at least two witnesses, or a holographic will whose signature and material portions are in the testator's handwriting.
Hawaii gives the proponent a second chance that many states do not. Under HRS § 560:2-503, a document not executed in compliance with 560:2-502 is still treated as a will if the proponent proves by clear and convincing evidence that the decedent intended it to be one. A contest built only on a missing formality has to meet that rule too. Hawaii will requirements works through each execution rule.
What is not a ground in Hawaii
Two arguments are not grounds under Hawaii's code.
- A change in the family after the will was signed. HRS § 560:2-508 says a change of circumstances does not revoke a will or any part of it, except under 560:2-803 (homicide) and 560:2-804 (divorce, annulment or termination of a reciprocal beneficiary relationship). Marrying or having a child revokes nothing. A new spouse or reciprocal beneficiary may have a separate claim, covered in Hawaii surviving spouse rights.
- A witness who inherits. HRS § 560:2-505(b) says the signing of a will by an interested witness does not invalidate the will or any provision of it, including any gift to or appointment of the witness. The gift stands in full.
HRS § 560:2-803 is the change of circumstance that does bite. An individual who feloniously and intentionally kills the decedent forfeits benefits under the probate article, and the killing revokes any revocable disposition to the killer in a governing instrument, with the instrument read as if the killer disclaimed it. Under 560:2-803(g), a conviction becomes conclusive once all right to appeal is exhausted. Without a conviction, the court, on the petition of an interested person, decides by a preponderance of the evidence whether the individual would be found criminally accountable for the killing.
No-Contest Clauses
Hawaii has two sections on this, and they agree. HRS § 560:2-517 says a provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. HRS § 560:3-905 repeats the rule for a provision in a will or a trust, reaching proceedings relating to the probate or trust estate.
Two readings follow. A challenger with probable cause cannot be stripped of an inheritance by a forfeiture clause. A challenger without probable cause can be, because both sections make the clause unenforceable only in the probable-cause case. Neither section defines probable cause, so Hawaii courts answer that on facts. Whether probable cause exists in any one situation is a question for a licensed Hawaii attorney, and a forfeiture clause raises the stakes of that answer.
Who May Object, and How to Hear About It in Time
Section 560:3-404 speaks of a party to a formal proceeding, so becoming a party comes first. An interested person can start the proceeding under 560:3-401, and the notice list in 560:3-403(b) brings in the spouse or reciprocal beneficiary, heirs, devisees, executors and any sitting personal representative.
For people outside that list, the code provides a low-cost notice mechanism. HRS § 560:3-204 lets any person with a financial or property interest in the estate file a demand for notice at any time after the death, stating the decedent's name, the nature of that interest and an address. After that, no order or filing it covers may be made or accepted without notice to the demandant. An order issued without that notice stays valid, but the person who obtained it may be liable for damage the missing notice caused. The Judiciary's fee list prints $3.00 for a demand for notice in a probate case.
HRS § 560:1-403 covers people who cannot speak for themselves. An order binding a conservator binds the protected person, an order binding a guardian binds the ward where no conservator has been appointed, and a parent may represent a minor child where neither exists. At any point the court may appoint a guardian ad litem for a minor, an incapacitated, unborn or unascertained person, or a person whose identity or address is unknown, and it must record its reasons.
After the Order
HRS § 560:3-412 makes a formal testacy order final as to all persons on every issue the court considered or might have considered on whether the decedent left a valid will, and on the determination of heirs. It then writes its own exits.
- A later will nobody knew about. The court shall entertain a petition to modify or vacate and to probate another will where its proponents were unaware of it at the time of the earlier proceeding, or were unaware of the earlier proceeding and got no notice except by publication.
- An omitted heir. Where intestacy was ordered, the determination of heirs may be reconsidered for a person left out who was unaware of the relationship, unaware of the death, or given no notice except by publication.
- The outer limits on both. The petition must be filed before the earliest of: where a personal representative was appointed, an order approving final distribution, or six months after a closing statement if the estate closed by statement; the point under 560:3-108 when an original proceeding to probate a will could no longer be started; or twelve months after the order being challenged.
HRS § 560:3-413 adds a general valve: for good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
Where a contest succeeds outright and no other will stands, the estate passes under Hawaii intestate succession. Section 560:3-108(b) lets a proceeding for an adjudication of intestacy start at any time unless there has already been a probate proceeding, in which case the 560:3-412 conditions apply.
Appeals
HRS § 560:1-308 sends appellate procedure, including time, notice, appeal bond and stays, to the Hawaii Rules of Appellate Procedure and the Hawaii Rules of Civil Procedure. Hawaii Probate Rule 34(a) requires every formal testacy order to be reduced to a judgment filed with the clerk, and those judgments are final and immediately appealable. Under Rule 20, an order resolving a contested matter is reduced to judgment under Rule 34 and can be appealed from there.
HRAP Rule 4(a)(1) sets the deadline: when a civil appeal is permitted, the notice of appeal is filed within 30 days after entry of the judgment or appealable order. A mailed notice counts as timely if postmarked within that period and received by the clerk no later than 5 days after the postmark. A separate Hawaii Supreme Court order filed July 15, 2026 (SCRU-10-0000012) amends Rule 4, effective January 1, 2027. Its list of post-judgment motions that extend the appeal time names a Hawaii Probate Rule 36(b) motion to reconsider filed within 30 days of the judgment. Anyone weighing an appeal around that date should read the version in force on the day the judgment is entered.
What a Hawaii Contest Costs
The Hawaii State Judiciary's List of Civil Filing Fees, updated 6/17/2022, prints these probate charges:
| Item | Amount |
|---|---|
| Application or petition (the list includes probate of will and informal proceedings) | $100.00 |
| Indigent surcharge | $65.00 |
| Administrative fee | $50.00 |
| Demand for jury trial | $200.00 |
| Demand for notice | $3.00 |
| Affidavit | $3.00 |
HRS § 607-5 is the statute behind the $100 figure, and it describes that fee as one "to be paid once only for each decedent's estate." Whether a contestant's petition in an estate that is already open draws a fresh $100 is a question for the circuit court's probate clerk, and Hawaii probate courts lists them.
Attorney fees usually cost far more than the filing fees above. HRS § 560:3-720 lets a personal representative or nominated personal representative who defends or prosecutes a proceeding over a will's validity in good faith recover reasonable costs, expenses and attorneys' fees from the estate, whether successful or not. The section extends that to an heir or beneficiary when the personal representative or nominee refuses to act. The current text, last amended by L 2023, c 158, says the right applies regardless of whether counsel was retained on a contingency fee basis. The section does not reach an ordinary contestant who brings the challenge in his or her own interest. A Hawaii probate litigator is the person who can price a contested hearing.
Contesting a Trust Instead of a Will
Many Hawaii plans put most of the property in a revocable trust, and a will contest does not reach it. HRS § 554D-604(a) gives a separate deadline for contesting a trust that was revocable at the settlor's death: the earlier of five years after the death, or ninety days after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address, and the time allowed to sue.
Under 554D-604(b), the trustee may distribute once the settlor dies, and faces no liability for it unless the trustee knows of a pending contest, or a potential contestant notified the trustee of a possible one and sued within sixty days after sending that notice. A beneficiary of a trust later found invalid must return what was received under 554D-604(c). Contesting a trust instead of a will covers how those trusts work.
Problems That Look Like a Will Contest and Are Not
Several complaints have their own remedy, and an objection to probate may delay the fix rather than deliver it.
- The complaint is about a debt or a bill. A creditor claim runs on its own track and clock, covered in Hawaii creditor claims.
- The complaint is about how the estate is being run. Objecting to a personal representative, an accounting or a sale is a separate matter in the same case and does not turn on whether the will is valid. Hawaii executor duties covers what the job requires.
- A spouse or reciprocal beneficiary wants more than the will gives. The elective share and the allowances apply whatever the will says, and Hawaii surviving spouse rights sets them out.
- Nobody is sure probate is needed at all. Hawaii's small estate route is covered in the Hawaii small estate guide.
Frequently Asked Questions
How long do you have to contest a will in Hawaii?
It depends on how the will reached the court. For a will admitted informally by the registrar, HRS § 560:3-108(a)(3) allows a formal proceeding to contest it within ninety days after receiving notice of the informal proceeding under 560:3-306, twelve months from the date the will was informally admitted, or thirty days from a formal order approving the accounts and settlement of an informally appointed personal representative, whichever period expires first. For a will offered formally, the objection goes in the pleadings at that proceeding under 560:3-404, before the hearing the court sets.
Who has the burden of proof in a Hawaii will contest?
HRS § 560:3-407 splits it. The proponent of a will carries prima facie proof of due execution in every case, plus death and venue when the proponent is also the petitioner. The contestant carries lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Each side keeps the ultimate burden of persuasion on the matters it had the initial burden of proof on.
Can you get a jury trial in a Hawaii will contest?
Yes, if a party demands one. HRS § 560:1-306(a) says a party is entitled to trial by jury in a formal testacy proceeding if duly demanded. The Hawaii State Judiciary's List of Civil Filing Fees, updated 6/17/2022, prints $200.00 for a demand for jury trial in a probate case. Assigning a contested matter to the civil trials calendar does not by itself create a jury right under Hawaii Probate Rule 20(c).
Does a self-proved will stop a Hawaii will contest?
It settles execution and nothing else. Under HRS § 560:3-406(1), a will self-proved under 560:2-504 is deemed to satisfy the requirements for execution without the testimony of any attesting witness, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit. Capacity, undue influence, fraud, duress, mistake and revocation remain open, because 560:3-407 assigns all of them to the contestant regardless of how the will was signed.
Do no-contest clauses work in Hawaii?
Only against a challenger who lacked probable cause. HRS § 560:2-517 makes a will provision penalizing an interested person for contesting the will unenforceable if probable cause exists for instituting proceedings, and 560:3-905 says the same for a will or trust. Neither section defines probable cause or voids the clause outright, so a Hawaii attorney should read the clause against the facts before anything is filed.
How long do you have to contest a revocable trust in Hawaii?
HRS § 554D-604(a) sets a separate clock for a trust that was revocable at the settlor's death: the earlier of five years after the death, or ninety days after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address, and the time allowed to sue. The will contest windows in 560:3-108 do not govern a trust.
Is anything about Hawaii contested probate matters changing?
Yes. A Hawaii Supreme Court order filed July 15, 2026 (SCRU-13-0000071) rewrites Hawaii Probate Rule 20, Disposition of Contested Matters, effective January 1, 2027. The new text lets the probate court rule on the pleadings, evidence and arguments at the hearing, hold its own evidentiary hearing or trial, or assign the whole matter or particular issues to the civil trials calendar. The statutes on who may contest and when did not change.
Related Guides
- Hawaii Will Requirements
- Hawaii Probate Guide
- Hawaii Probate Timeline
- Hawaii Intestate Succession
- Hawaii Executor Duties
- Hawaii Revocable Living Trusts
- Hawaii Probate Courts
Sources:
- Title: HRS 560:1-306, Jury trial. Publisher: Hawaii State Legislature. Publication Date: Not listed (compilation through the 2025 session, accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0001-0306.htm
- Title: HRS 560:1-308, Appeals. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0001-0308.htm
- Title: HRS 560:1-401, Notice; method and time of giving. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0001-0401.htm
- Title: HRS 560:1-403, Pleadings; when parties bound by others; notice. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0001-0403.htm
- Title: HRS 560:2-501, Who may make will. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0501.htm
- Title: HRS 560:2-502, Execution; witnessed wills; holographic wills. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0502.htm
- Title: HRS 560:2-503, Writings intended as wills, etc. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0503.htm
- Title: HRS 560:2-505, Who may witness. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0505.htm
- Title: HRS 560:2-507, Revocation by writing or by act. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0507.htm
- Title: HRS 560:2-508, Revocation by change of circumstances. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0508.htm
- Title: HRS 560:2-517, Penalty clause for contest. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0517.htm
- Title: HRS 560:2-803, Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0803.htm
- Title: HRS 560:2-804, Revocation of probate and nonprobate transfers by divorce or termination of reciprocal beneficiary relationship; no revocation by other changes of circumstances. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0804.htm
- Title: HRS 560:3-108, Probate, testacy and appointment proceedings; ultimate time limit. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0108.htm
- Title: HRS 560:3-204, Demand for notice of order or filing concerning decedent's estate. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0204.htm
- Title: HRS 560:3-302, Informal probate; duty of registrar; effect of informal probate. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0302.htm
- Title: HRS 560:3-306, Informal probate; notice requirements. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0306.htm
- Title: HRS 560:3-401, Formal testacy proceedings; nature; when commenced. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0401.htm
- Title: HRS 560:3-403, Formal testacy proceedings; notice of hearing on petition. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0403.htm
- Title: HRS 560:3-404, Formal testacy proceedings; written objections to probate. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0404.htm
- Title: HRS 560:3-405, Formal testacy proceedings; uncontested cases; hearings and proof. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0405.htm
- Title: HRS 560:3-406, Formal testacy proceedings; contested cases; testimony of attesting witnesses. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0406.htm
- Title: HRS 560:3-407, Formal testacy proceedings; burdens in contested cases. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0407.htm
- Title: HRS 560:3-412, Formal testacy proceedings; effect of order; vacation. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0412.htm
- Title: HRS 560:3-413, Formal testacy proceedings; vacation of order for other cause. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0413.htm
- Title: HRS 560:3-720, Expenses in estate litigation. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0720.htm
- Title: HRS 560:3-905, Penalty clause for contest. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0905.htm
- Title: HRS 554D-604, Limitation on action contesting validity of revocable trust; distribution of trust property. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0554D/HRS_0554D-0604.htm
- Title: HRS 603-21.6, Probate. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0603/HRS_0603-0021_0006.htm
- Title: HRS 607-5, Costs; circuit courts. Publisher: Hawaii State Legislature. Publication Date: Not listed (accessed 2026-09-24). URL: https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0607/HRS_0607-0005.htm
- Title: Hawaii Probate Rules, Rules 19, 20 and 34. Publisher: Hawaii State Judiciary. Publication Date: Not listed (compilation "Effective March 1, 1995 With Amendments as Noted", accessed 2026-09-24). URL: https://www.courts.state.hi.us/wp-content/uploads/2024/09/hpr_ada.htm
- Title: Order Amending Rules 20 and 41 of the Hawaii Probate Rules, SCRU-13-0000071. Publisher: Supreme Court of the State of Hawaii. Publication Date: 2026-07-15 (effective January 1, 2027). URL: https://www.courts.state.hi.us/wp-content/uploads/2026/07/2027_hpr20_41am_ada.pdf
- Title: Hawaii Rules of Appellate Procedure, Rule 4. Publisher: Hawaii State Judiciary. Publication Date: Not listed (accessed 2026-09-24). URL: https://www.courts.state.hi.us/wp-content/uploads/2025/07/hrap.htm
- Title: Order Amending Rule 4 of the Hawaii Rules of Appellate Procedure, SCRU-10-0000012. Publisher: Supreme Court of the State of Hawaii. Publication Date: 2026-07-15 (effective January 1, 2027). URL: https://www.courts.state.hi.us/wp-content/uploads/2026/07/2027_hrap4am_ada.pdf
- Title: List of Civil Filing Fees. Publisher: Hawaii State Judiciary. Publication Date: Updated 2022-06-17. URL: https://www.courts.state.hi.us/wp-content/uploads/2019/09/Civil-Filing-Fees.pdf
It is not legal advice.



